Courtesy of Cayuga County sheriff's departmentThe wreckage of a pickup truck driven by Christopher Spack sits along Route 370 after Spack was allegedly forced off the road by William Levea in November 2009. Spack, who died in the crash, had called 911 minutes earlier to report another motorist was harassing him.

Auburn, NY - A Cayuga County judge is to rule on Thursday whether an 80-year-old Fulton man can use an insanity defense when he is tried on charges that he killed another motorist in what police say was an unprovoked road rage attack.

Syracuse lawyer George Hildebrandt is seeking court approval to use that defense for William Levea, who faces 15 charges including second-degree murder, driving while intoxicated and reckless endangerment.

A hearing on Hildebrandt’s request is to start at 8:30 a.m. before county Judge Thomas Leone, according to court clerk Kelly Wejko.

“There’s certainly a question of mental competence here. Until (the issue) is decided the case can’t proceed,’’ Wejko said.

In December, Leone ruled Levea was mentally fit to stand trial. If Levea is found guilty by reason of insanity he would be remanded to a mental health facility instead of prison.

Levea, who has a violent criminal history, is accused of repeatedly ramming his car into the back of a pickup truck driven by Christopher J. Spack, 41, of Camillus, the night of Nov. 20. The two men did not know each other, authorities said.

Provided photoWilliam Levea

Levea started chasing Spack in Onondaga County before Spack lost control of his pickup truck on Route 370 in Cato and was struck by an oncoming pickup truck, authorities said. Spack died at the scene; Levea was not hurt and has remained in county jail since the crash.

Levea faces up to 25 years to life if convicted of murder, the most serious of the alleged crimes. His first lawyer raised the possibility that Levea suffers from dementia or Alzheimer’s disease.

The Fulton man was recently examined by a psychologist hired by Hildebrandt, according to court records. Levea was to be evaluated by a mental health expert representing county District Attorney Jon Budelmann before this week’s hearing.

Budelmann said he could not discuss the case because it is pending in court; Hildebrandt did not return telephone messages.